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Medicine Biotech The Almighty Buck The Courts

Monsanto Ordered To Pay $289 Million In Roundup Cancer Trial (bbc.com) 219

An anonymous reader shares a report from the BBC involving glyphosate, the world's most common weedkiller: Chemical giant Monsanto has been ordered to pay $289 million in damages to a man who claimed herbicides containing glyphosate had caused his cancer. In a landmark case, a Californian jury found that Monsanto knew its Roundup and RangerPro weedkillers were dangerous and failed to warn consumers. It's the first lawsuit to go to trial alleging a glyphosate link to cancer. Monsanto denies that glyphosate causes cancer and says it intends to appeal against the ruling.

The claimant in the case, groundskeeper Dewayne Johnson, is among more than 5,000 similar plaintiffs across the US. Mr Johnson was diagnosed with non-Hodgkin's lymphoma in 2014. His lawyers said he regularly used a form of RangerPro while working at a school in Benicia, California. Jurors found on Friday that the company had acted with "malice" and that its weedkillers contributed "substantially" to Mr Johnson's terminal illness.

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Monsanto Ordered To Pay $289 Million In Roundup Cancer Trial

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  • The only problem (Score:3, Insightful)

    by Anonymous Coward on Friday August 10, 2018 @11:34PM (#57105714)

    Is that roundup doesn't cause cancer.

    • Re:The only problem (Score:5, Informative)

      by Anonymous Coward on Friday August 10, 2018 @11:38PM (#57105722)
      • by Cinnamon Beige ( 1952554 ) on Saturday August 11, 2018 @10:21AM (#57107054)

        Let's start with the simple one! NYT is not a scientific, peer-reviewed journal. It also has a bit of a history of being a lousy place to get your science news.

        The IARC thing is two pages and doesn't include a single reference, citation, or smidgen of data. I'd not be able to use it as a citation for anything other than for it being considered a probable carcinogen by the IARC--it's remarkably free of statistics, and citations which is actually rather concerning, especially given how cancer actually works & why we have had the admission that most cancers are caused by...well...failing to die.

        If you're trying to support a claim of 'causes cancer,' there's no substitute for quality peer-reviewed research when it comes to supporting the claims, especially since there's been some rather long-term problems with the quality of the research and how it gets interpreted.

        The IARC paper places Roundup in group 2A, which it defines as:

        Group 2A means that the agent is probably carcinogenic to humans. This category is used when there is limited evidence of carcinogenicity in humans and sufficient evidence of carcinogenicity in experimental animals. Limited evidence means that a positive association has been observed between exposure to the agent and cancer but that other explanations for the observations (called chance, bias, or confounding) could not be ruled out. This category is also used when there is limited evidence of carcinogenicity in humans and strong data on how the agent causes cancer.

        The translation for those not familiar with cancer research: "We need money for more research." You don't really get funding if you are wanting to show that something probably doesn't cause cancer...which is not something I'm comfortable with, so I pretty quickly figured out I want nothing to do with this field of research if I could help it.

        • I'm sure Monsanto has lots of money to fund a study aiming to prove that glyphosate doesn't cause cancer. I'd go so far as to say it's their duty to fund research on these things, since they are voluntarily choosing to manufacture and market them.

          The big question then becomes how to decouple the researchers from the funders to eliminate bias. The easiest, actually the only way I could think of, is for these companies to be mandated to provide the funding to a third party who then administers it. I think,
          • Re: The only problem (Score:3, Informative)

            by c6gunner ( 950153 )

            I'm sure Monsanto has lots of money to fund a study aiming to prove that glyphosate doesn't cause cancer.

            You can never prove that something doesn't cause cancer. That's not how science works. All you can do is try to prove that it DOES cause cancer, and repeatedly fail. Which is what has happened every time anyone has tested it.

            • I'm sure Monsanto has lots of money to fund a study aiming to prove that glyphosate doesn't cause cancer.

              You can never prove that something doesn't cause cancer. That's not how science works. All you can do is try to prove that it DOES cause cancer, and repeatedly fail. Which is what has happened every time anyone has tested it.

              Except you're not likely to manage better than 'maybe' since you get cancer pretty much by failing to die of something else--all cancers are ultimately caused by errors in DNA copying not being caught and cleared out. The systems that handle this are actually very, very good, with very low error rates, but...well, try enough times and you will have cancerous cells managing to survive long enough to be detected, especially as we get better at detection.

              So, given that pretty much 'is not dead' is a confoundi

            • by pots ( 5047349 )

              Which is what has happened every time anyone has tested it.

              The parent's link above says otherwise. Limited evidence of carcinogenicity in humans, from studies of exposures, and convincing evidence of carcinogenicity in laboratory animals. The World Health Organization rates glyphosate as "probably carcinogenic to humans."

              • There is not convincing evidence of carcinogenic effects in animals. They're simply wrong about that, and, as such, have obviously misclassified it.

                That said, group 2a also involves "shift work" as a possible carcinogen. I would love to see what kind of shift work their laboratory animals were doing.

    • by Anonymous Coward on Friday August 10, 2018 @11:50PM (#57105758)

      Now the politics comes into play. A court FINDS that the chemicals used DO cause cancer. BUT, it is politically "expedient" to those in (real) power to keep Monsanto in business - not getting sued to shreds. So we can unfortunately but safely predict the will wear the victim out to death and then quietly "settle" behind closed doors (for much less, plus a shut-up sign-here "agreement").

      • by Archfeld ( 6757 ) <treboreel@live.com> on Saturday August 11, 2018 @03:07AM (#57106164) Journal

        Did not Bayer just acquire Monsanto for 66 Billion ? That amount should just about cover the damages that are going to be discovered. This cover up is going to make Mesothelioma look like a common cold. Bayer knew long ago that Round-Up was malignant and caused a wide variety of issues, up to and including Colony Collapse Disorder, or the disappearing Bee issue felt around the world.

        https://www.washingtonpost.com... [washingtonpost.com]

        • by mentil ( 1748130 )

          From what I can quickly find online, glyphosate doesn't seem to be a neonicotinoid. Citation that it is?
          I don't contest that there are other health concerns with glyphosate.

        • Are you suggesting this is yet another instance of US courts finding foreign companies guilty and subjecting them to outrageous amounts in damages, as a form of anti-competitive tariff? Sounds reasonable.

      • Sad but true, but the EU banning glyphosate has some weight in this matter, too, and perhaps Bayer, being an EU company, buying out Monsanto will have some effect on this, they might stop making/selling glyphosate.
    • Re:The only problem (Score:5, Interesting)

      by ShanghaiBill ( 739463 ) on Saturday August 11, 2018 @12:08AM (#57105808)

      Is that roundup doesn't cause cancer.

      We don't know that. Glyphosate / Roundup causes tumors in test animals at high dosage. It has not been shown to correlate with cancer in humans, but not many studies have been done, and Monsanto has lobbied the EPA to "reinterpret" some of the results.

      Given the ambiguous data, $289M seems excessive, and will likely be reduced on appeal, where judges will decide, and there will be no sympathetic jury.

      Eating food grown in fields treated with glyphosate is unlikely to be a problem. But if you work directly with glyphosate, you should take reasonable precautions. Wear gloves, long sleeves, long pants. Carry a bottle of soapy water so you can rinse quickly if it spills on your skin.

      The best solution is to transition to robotic weed control. Robots can use image recognition and targeted piezoelectric applicators to spray glyphosate directly onto the weed leaves, while spraying very little on the crop or on the ground. This can reduce herbicide use by 95%.

      • by Anonymous Coward

        Fuck monsanto, just have the bots pull the fucking weeds.

        • Re:The only problem (Score:5, Interesting)

          by ShanghaiBill ( 739463 ) on Saturday August 11, 2018 @01:07AM (#57105962)

          Fuck monsanto, just have the bots pull the fucking weeds.

          That would be much slower and require a far most sophisticated mechanism.

          A piezoelectric sprayer is what your inkjet printer uses. They are cheap, reliable, and fast.

          A 95% reduction that works and is affordable, is much better than a 100% solution that is never deployed.

          • just have the bots pull the fucking weeds.

            That would be much slower and require a far most sophisticated mechanism.

            Both ideas are dumb. The best approach is to simply cut the weeds, before they produce seed heads. Let them lie where they fall, because they will serve as mulch. Not only does it not require chemicals but it provides a benefit. Cutting stuff is relatively easy and you could reasonably put multiple cutting tools on the same bot so that it doesn't go out of service if one does fail.

            • The best approach is to simply cut the weeds

              Many weeds will regrow from the root.

              Glyphosate kills the entire plant.

              • Many weeds will regrow from the root.

                That's why you use a robot. It doesn't get upset if it has to cut the weed again.

                Glyphosate kills the entire plant.

                It also persists in anaerobic soil conditions created by mechanical tilling and harvesting. It's simply not acceptable.

          • you might find this approach interesting: abrasive weeding [youtu.be]. Lower tech than bots pulling weeds, but promising. Of course, there are questions: weed root removal, crop damage, etc..
      • The plaintiff will be long dead by then.

      • Exactly. Apparently this guy was constantly working with 50 pound bags of the stuff every day or whatever. Breathing in the dust all time, having it on his skin dissolved in sweat all the time, etc. That's very different from the tiny amount of residue a typical person might be exposed to.

        Sunlight increases cancer risk (and has health benefits), the human body naturally produces formaldehyde, a carcinogen. All the other things make your exposure and my exposure to Roundup statistical noise, insignificant co

        • by ShanghaiBill ( 739463 ) on Saturday August 11, 2018 @02:57AM (#57106144)

          Roundup is a liquid, not a powder, and the applicators are designed to produce droplets, not an atomized mist that can be inhaled. If he was breathing it, he was doing something wrong.

          • The article I readed stated he got completely drenched in the stuff twice. I think we can assume he was doing something wrong.

          • Thanks. I didn't know if it was mixed with water after sale in commercial / large applications. You can tell I'm not a farmer.

            You mention "the applicators are designed to". I use some stuff that is sprayed and then the droplets harden. I the end up sorting them by size. to spraying process produces mostly droplets in the size range it's designed to, and fewer that are much larger or much smaller. I'm also reminded of the sprayer on the end of my garden hose, which mostly produces a stream of very large drop

            • I'm also reminded of the sprayer on the end of my garden hose, which mostly produces a stream of very large drops, and also produces a mist around the sprayer which cools me off on a hot day..

              In addition to glyphosate, Roundup also contains surfactants that inhibit misting. A garden hose is typically about 40 PSI. Roundup sprayers are much lower pressure.

              Insecticide sprayers use very high pressure and tiny nozzles, because they need the mist to reach the underside of the leaves, where bugs are more likely to be. But with herbicides, that is unnecessary, and misting is just wasteful, as well as potentially harmful.

              • > Insecticide sprayers use very high pressure and tiny nozzles, because they need the mist to reach the underside of the leaves, where bugs are more likely to be.

                Interesting. Makes sense. I read that the mosquitoes are probably hanging out on the bottom of the leaves in my hedges, but I wasn't sure how to get a good spray there. A high-pressure mist makes sense.

      • by Ihlosi ( 895663 )
        This can reduce herbicide use by 95%.

        Why use herbicides at all in a robotic weed removal application? Just have the bot zap the undesired plants with lasers or something.

      • by DarkOx ( 621550 )

        I agree with you that switching to robot mechanical weed control is probably going to be the safest long term answer. We still need to solve pest control though and the robots are a long way from being able to do that.

        I think the though that this judgement shows that there are some types of civil cases where a jury just isnt appropriate. We probably need a constitutional amendment; restricting jury trials in civil cases where the proximate cause of the alleged damage isn't expected to be 100% certain.

        Did

      • Carry a bottle of soapy water so you can rinse quickly if it spills on your skin.

        Roundup is a soap. So you should be able to skip adding the soap to the water.

      • by eionmac ( 949755 )

        "This can reduce herbicide use by 95%."
        That is almost commercial death to Monsanto profits.

    • Is that roundup doesn't cause cancer.

      Nonsense. Everything [wikipedia.org] causes cancer in California.

    • Re:The only problem (Score:5, Informative)

      by Anonymous Coward on Saturday August 11, 2018 @01:01AM (#57105942)

      Yeah, obviously Monsanto has nothing to hide...

      https://truthout.org/articles/secret-documents-expose-monsantos-war-on-cancer-scientists/

    • by Anonymous Coward on Saturday August 11, 2018 @02:42AM (#57106126)

      BS.

      Classic tobacco science.
      i.e., big business purchasing obfuscation and positive results for their product
      See:
      https://www.bloomberg.com/news/features/2017-07-13/does-the-world-s-top-weed-killer-cause-cancer-trump-s-epa-will-decide

      > Far from settling the matter, eight of the 15 experts expressed significant concerns about the EPA’s benign view of glyphosate, and three more expressed concerns about the data.
      > The EPA paper had a whack-a-mole quality to it.
      > Many of the reasons cited in the paper contradicted the agency’s own carcinogenicity guidelines, multiple panelists pointed out.
      > The EPA’s report on the peer review, posted on March 16, raises obfuscation to a high bureaucratic art.

  • by mentil ( 1748130 ) on Friday August 10, 2018 @11:48PM (#57105754)

    groundskeeper Dewayne Johnson,

    I bet his case was rock-solid.

  • by Anonymous Coward on Saturday August 11, 2018 @12:28AM (#57105870)

    Please stop spreading disinformation everywhere. The problem isn't glyphosate, the problem is everything else that's put into Roundup. Monsanto goes around saying glyphosate is safe and waves a bunch of valid studies in your face. They are correct. Other people go around saying roundup is dangerous and wave a bunch of valid studies in your face. They too are correct. Then everyone fights and bitches at each other. Too bad people are arguing over two different things.

    Basically A is claiming the sky is blue therefore the sky is blue. B is claiming the grass is green therefore the sky is green. So A ends up laughing at B every time A goes to the bank.

    Stop saying glyphosate/roundup. Stop saying "glyphosate" or "containing glyphosate". The glyphosate doesn't matter and is only a distraction from the real issue. Stop being easily manipulated sheep, you don't even notice how many people are fucking you. Words matter so use the correct ones and pay attention to the ones other people use.

    • by Anonymous Coward on Saturday August 11, 2018 @01:10AM (#57105968)

      Upon careful examination, I've discovered that the parent does not include any ad hominem attacks. This is no way to win an argument on the modern web!
      The post also needs more false analogy, circular reasoning, and slippery slope conclusions!

      Keep trying. You'll learn one day!

      /s

    • by Anonymous Coward on Saturday August 11, 2018 @01:12AM (#57105976)

      Perhaps you should name which specific chemical you're referring to, instead of saying 'everything else'. What else is in Roundup?
      According to this source: [naturescountrystore.com]
      ethoxylated tallowamine (surfactant)
      Related organic acids of glyphosate
      Excess isopropylamine (chemical used to turn the glyphosate into a more stable salt form)

      Furthermore, it was found by a toxicologist 30 years ago that Roundup's surfactant was contaminated with small amounts of 1,4-Dioxane, which is known to be carcinogenic in animals. However, it's less than clearly carcinogenic to humans. [wikipedia.org] Furthermore, this is a frequent contaminant of chemicals ubiquitous in toothpaste and shampoo, which is arguably a larger problem than incidental Roundup exposure. Does roundup even still contain this contaminant? They may have improved their processes in the past 30 years, or use a different surfactant. There are other glyphosate formulations that use different surfactants/salt forms, so the only common ingredient would be glyphosate.

    • Yeah, sure thing. No possible way those 'studies' could be falsified, or cherrypicked, and no way they could be supressing studies that don't support their narrative, because after all it's only a measly BILLIONS OF DOLLARS that are at stake for them, why would they POSSIBLY BE LYING!? Because Monsanto is just such a wonderful advocate for humanity!

      Also, yeah sure the entire EU is smoking crack and that's why they've banned glyphosate.

      How much is Monsanto paying you to astroturf, by the way? Where do
    • I'm paying attention to your words but there is no content in them. You tell us we are ignoring the real issue and conveniently never go over what that issue is.

      More smoke and mirrors than Justin Timberlake collaborating with Snoop Dogg.
  • Monsanto (Score:4, Insightful)

    by tquasar ( 1405457 ) on Saturday August 11, 2018 @02:19AM (#57106084)
    Remember Roundup Ready seeds? Engineered to produce crops that would survive direct application of the herbicide. Farmers were coerced to use Roundup and also buy seed instead of saving or banking seed from a previous season. Adjacent fields were affected by Roundup and pollen that drifted on the wind. https://www.sourcewatch.org/in... [sourcewatch.org] .
    • by quenda ( 644621 )

      There are plenty of bad things than Monsanto have done. And I'd like to see reform on GM patents.

      But your story is a myth. Only a small number of farmers were sued, and Monsanto won each case because those few farmers had deliberately (re)used Monsanto seed without paying.

      https://en.wikipedia.org/wiki/... [wikipedia.org]

      • Re:Monsanto (Score:5, Informative)

        by angel'o'sphere ( 80593 ) <{ed.rotnemoo} {ta} {redienhcs.olegna}> on Saturday August 11, 2018 @04:50AM (#57106366) Journal

        Since the midâ'1990s, Monsanto indicates that it has filed suit against 145 individual U.S. farmers for patent infringement and/or breach of contract in connection with its genetically engineered seed but has proceeded through trial against only eleven farmers, all of which it won

        145 is not a small number, and considering that none of them actually did anything wrong it was only a killing spray of Monstanto.

        • by Megol ( 3135005 )

          none of them actually did anything wrong

          Citation needed. Actually it's not needed as your "none" makes the statement false, more than one farmer have been proven to deliberately plant seeds protected by a Monsanto patent without the right to do so.

        • by Mashiki ( 184564 )

          145 isn't small? Where the hell do you live? There's more then 1800 farmers in just the county I live in, and the average farm is around 150 acres in size and this is a tiny county compared to say Durham or Niagara counties, that's not even touching the areas in the green belt.

  • Sooner or later... (Score:4, Interesting)

    by hyades1 ( 1149581 ) <hyades1@hotmail.com> on Saturday August 11, 2018 @02:42AM (#57106124)

    I wonder how long it will be before we get that "perfect storm" team. Let's say, for the sake of argument, a guy with Special Forces training, a phishing expert, and somebody with a lot of money. Let's say all of them are suffering from terminal diseases everybody, including Monsanto's team of lawyers, know were caused by Monsanto products. And when they meet up at some kind of "accept your mortality" workshop, they decide no cost is too high, if the end result is the Monsanto board of directors kicking away their lives at the end of a rope.

    Sooner or later, as the environment steadily degrades, we're going to get to the point where the people who made it happen, or their descendants, are going to be held accountable. No doubt there's a fun-filled action adventure movie to be made out of such a story...or maybe a few headlines.

    • by c ( 8461 )

      if the end result is the Monsanto board of directors kicking away their lives at the end of a rope.

      Honestly, I'm mildly surprised that people aren't already hunting down HMO execs and pharma bros in the streets of the United States. When you have a confluence of easy access to firearms, desperate and angry victims, a culture that appears to accept violence as a solution to personal grievances, and assholes like Shkreli, you kinda expect a few people would connect the dots.

  • Even vague and generalized research implications of cancer for a product that every homeowner uses successfully on his lawn are worth a huge amount of money, while Nicholas White, the New Yorker who, riding an elevator to work on a Friday evening, was stuck there for an entire weekend, got nothing but his legal expenses back after a 4-year struggle.

    https://www.reddit.com/r/video... [reddit.com]

    If only it had been a Monsanto elevator.

  • I once bought a canister of oxygen for doing some plumbing work. While hooking it up I noticed warning label stating that the contents were known to cause cancer in the state of California. If oxygen can cause cancer, than anything can cause cancer.

  • The British Medical Journal, the Lancet.

    https://www.thelancet.com/jour... [thelancet.com]

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